536.085. Definitions.
Definitions.
536.085. As used in section 536.087, the following termsmean:
(1) "Agency proceeding", an adversary proceeding in acontested case pursuant to this chapter in which the state isrepresented by counsel, but does not include proceedings fordetermining the eligibility or entitlement of an individual to amonetary benefit or its equivalent, child custody proceedings,eminent domain proceedings, driver's license proceedings, vehicleregistration proceedings, proceedings to establish or fix a rate,or proceedings before the state tax commission;
(2) "Party":
(a) An individual whose net worth did not exceed two milliondollars at the time the civil action or agency proceeding wasinitiated; or
(b) Any owner of an unincorporated business or anypartnership, corporation, association, unit of local governmentor organization, the net worth of which did not exceed sevenmillion dollars at the time the civil action or agency proceedingwas initiated, and which had not more than five hundred employeesat the time the civil action or agency proceeding was initiated;
(3) "Prevails", obtains a favorable order, decision,judgment, or dismissal in a civil action or agency proceeding;
(4) "Reasonable fees and expenses" includes the reasonableexpenses of expert witnesses, the reasonable cost of any study,analysis, engineering report, test, or project which is found bythe court or agency to be necessary for the preparation of theparty's case, and reasonable attorney or agent fees. The amountof fees awarded as reasonable fees and expenses shall be basedupon prevailing market rates for the kind and quality of theservices furnished, except that no expert witness shall becompensated at a rate in excess of the highest rate ofcompensation for expert witnesses paid by the state in the typeof civil action or agency proceeding, and attorney fees shall notbe awarded in excess of seventy-five dollars per hour unless thecourt determines that a special factor, such as the limitedavailability of qualified attorneys for the proceedings involved,justifies a higher fee;
(5) "State", the state of Missouri, its officers and itsagencies, but shall not include political subdivisions of thestate.
(L. 1989 H.B. 143 § 4)